Louisiana Probate Forms

Louisiana Succession Probate and Possession Forms

PROBATE NO.

_____ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF

STATE OF LOUISIANA

SUCCESSION

OF

* * *

PETITION FOR PROBATE AND POSSESSION

The joint petition of , domiciled in Parish, Louisiana, and , domiciled in Parish, State of Louisiana, respectfully represents:

1. died in Parish on the . He was domiciled in Parish on the date of his death, as will appear from the attached Affidavit of Death, Domicile and Heirship.

2. The decedent left a testament, an original of which is attached to this petition, executed before , Notary Public, on , in the presence of and , witnesses, all in accordance with the provisions of La.R.S. 9:2442 prior to its repeal by Act Number 1421 of the 1997 Louisiana Legislature.

3. Petitioners desire that the attached testament be ordered filed and executed since, as a statutory will, it need not be proved/probated. See LSA-C.C. art. 2891, effective July 1, 1999.

4. Petitioners accept the legacies left to them.

5. The Decedent was married times, first to , then to , and then to . Of the marriage to , children were born:

1. , husband of ;

2. , deceased;

3. , deceased;

6. The Decedent never adopted anyone, nor was he adopted.

7. All of the property that the Decedent died possessed of is set forth in the Sworn Descriptive List, which is attached.

8. predeceased your decedent, having died on the being survived by no one.

9. predeceased your defendant, having died on the and was survived by her son, .

10. , and , are the sole heirs of the deceased, entitled to an undivided interest each in the ownership of the Decedent's property belonging to the succession of the deceased.

11. There is no necessity for an administration of the succession of the deceased. It is relatively free from debt. Petitioners accept the succession unconditionally.

12. As will appear from a receipt from the Department of Revenue and Taxation, the estate taxes due by the estate have been paid.

WHEREFORE, Petitioners pray:

1. The Last Will and Testament of be deemed self-proving and, therefore, filed, recorded, and executed according to law.

2. That the confirmation and qualification of the executrix and administration of this succession be dispensed with.

3. For Judgment recognizing , and as the sole heirs of the deceased, and as such, entitled to an undivided interest each of the ownership and possession of the property belonging to the deceased as shown in the Judgment of Possession.

BY PETITIONERS' ATTORNEY:

AFFIDAVIT

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in the Parish and State aforesaid, personally came and appeared and , wife and son of , who, being first duly sworn, did depose and say that:

1. They are the petitioners in the above and foregoing petition;

2. They have read the same; and,

3. All of the allegations therein contained are true and correct.

SWORN TO AND SUBSCRIBED before me at , Parish, Louisiana, this day of , 20.

AFFIDAVIT OF DEATH AND HEIRSHIP

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified, in and for the Parish and State aforesaid, personally came and appeared and , who, being first duly sworn, did depose and say that:

1. They were well acquainted with the late .

2. was married three times, first to , then to , and then to , and of the marriage to , three (3) children were born, namely:

(a) , wife of , a resident of Parish, Louisiana, whose mailing address is ;

(b) , deceased, having been survived by no one;

(c) , deceased, herein represented by her son, , single, whose mailing address is ;

3. never adopted anyone, nor was he ever adopted.

4. died on the , in , Louisiana.

5. died testate.

6. did not make any donations in contemplation of death.

WITNESSES:

SWORN TO AND SUBSCRIBED before me this day of , 20.

SWORN DETAILED DESCRIPTIVE LIST OF ASSETS AND LIABILITIES

BEFORE ME, the undersigned authority, in and for the Parish and State aforesaid, in the presence of the undersigned witnesses, personally came and appeared: and , hereinafter referred to collectively as "Affiants", who, after being duly sworn, declared that they are the Petitioners in the foregoing Petition for Possession in the succession of , which they have read, and that all of the allegations therein contained are true and correct; that all petitioners specifically and unconditionally accept the succession of the decedent, , and that the said petitioners agree to pay all of the obligations and debts thereof.

Affiants further depose that in compliance with the Louisiana Revised Statute 27:2708 and Louisiana Code of Civil Procedure Article 3136, et seq., they present to the Court the following detailed descriptive list of all the assets comprising the estate of the Decedent, , showing the actual cash value of each item of property as of the date of death of the Decedent, as well as a listing of the debts and liabilities of said succession, to-wit:

ASSETS

A. REAL ESTATE

(1) An undivided () interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of , Louisiana, on the side of , measuring feet on its northern line, feet on its southern line, feet on its western line and feet on its eastern line, being bounded on the north by , on the south by , on the west by and on the east by , and being designated as property owned by as per that plat of survey prepared by , R.L.S., dated , revised and attached to that instrument recorded under Entry No. of the records of Parish, Louisiana.

DECEDENT'S INTEREST IN PROPERTY .....................................................$

(2) All of his interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of , Louisiana, on the side of , measuring feet on its northern line, feet on its southern line, feet on its western line and feet on its eastern line, and being bounded on the north by , on the south by , on the west by and on the east by , and being designated as property owned by as per that plat of survey dated , revised and attached to that instrument recorded under Entry No. of the records of Parish, Louisiana.

DECEDENT'S INTEREST IN PROPERTY .....................................................$

DECEDENT'S TOTAL INTEREST IN IMMOVABLE PROPERTY IN PARISH ......................................................................$

B. MOVABLE PROPERTY

(1) Furniture, fixtures and household items...............................................................$

(2) ..........................................................................................................$

(3) ....................................................................................................$

(4) ....................................................................................................$

(5) ....................................................................................................$

(6) ....................................................................................................$

TOTAL MOVABLE AND IMMOVABLE PROPERTY ..............................$

LIABILITIES

(1) FUNERAL EXPENSES OF : Funeral Homes, Inc., ................................$

(2) Attorney's fees and costs ...............................................................................$

TOTAL LIABILITIES ...........................................................................................$

RECAPITULATION

TOTAL ASSETS OF THE SUCCESSION OF ..........................................................................................................$

TOTAL DEBTS.........................................................................................................$

NET ESTATE...........................................................................................................$

That the Decedent, , made no donations one (1) year prior to his death or donations in contemplation of death or in avoidance of inheritance taxes.

IN WITNESS WHEREOF, the undersigned have executed this instrument on this day of , 20, in , Parish, Louisiana, in the presence of the undersigned competent witnesses and me, Notary, after due reading of the whole.

WITNESSES:

JUDGMENT PROBATING STATUTORY WILL AND OF POSSESSION

Considering the petition for possession and the record of this proceeding, satisfactory proof having been submitted to the Court as to the validity of the Will, that the inheritance taxes due the State of Louisiana have been paid, and that there is no necessity for an administration of this succession, the law and the evidence entitling petitioners to relief prayed for, and for the reasons this day orally assigned:

IT IS ORDERED, ADJUDGED AND DECREED that:

(1) The confirmation and qualification of the executrix and administration of this succession are dispensed with.

(2) The petitioners, , widow of , and , son of , be recognized as surviving legatees of the decedent, and also designated as the residual legatees in the Decedent's Will, and as such, are sent into possession in the proportion of an undivided one-half (1/2) interest each of all properties belonging to the Decedent, and specifically, the items of property which are described as follows:

(A) All of the decedent's interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of , Louisiana, on the side of , measuring feet on its northern line, feet on its southern line, feet on its western line and feet on its eastern line, and being bounded on the north by , on the south by , on the west by and on the east by , and being designated as property owned by as per that plat of survey dated revised .

(3) Petitioner, , widow of , be recognized as the legatee of the decedent in the Decedent's Last Will and Testament, and as such, is sent into possession of all of the following properties listed as B and C.

(B) Furniture, fixtures and household items;

(C) ;

(4) Petitioner, , son of , and , son of , be recognized as residual legatees of the decedent, and also designated as the residual legatees in the Decedent's Will, and as such, are sent into possession in the proportion of an undivided one-half (1/2) of one-sixth (1/6) interest each of all properties belonging to the Decedent, subject to the usufruct of and specifically, the items of property which are described as follows:

(A) An undivided one-sixth (1/6) interest in and to that certain parcel of land, together with all buildings and improvements thereon erected and thereto belonging, situated in the Parish of , Louisiana, on the side of , measuring feet on its northern line, feet on its southern line, feet on its western line and feet on its eastern line, being bounded on the north by , on the south by , on the west by and on the east by , and being designated as property owned by as per that plat of survey prepared by , R.L.S., dated revised .

(5) Petitioner, , son of , be recognized as the legatee of the decedent in the Decedent's Last Will and Testament, and as such, is sent into possession of all of the following properties listed as B, C, D and E.

(B) ;

(C) ;

(D) ;

(E) .

(6) That all banks, trust companies, insurance companies, and all other persons, partnerships, unincorporated associations, or corporations having on deposit, or in their possession, or under their control, any money, credits, stocks, dividends, bonds, or other property belonging to the succession of the Decedent, , are hereby required to deliver them to the heirs.

JUDGMENT READ AND SIGNED in Chambers at , Parish, Louisiana, this day of , 20.

ORDER

CONSIDERING THE FOREGOING verified petition and the original testament of which, according to this Court's scrutiny, was executed in strict accordance with the provisions of former La.R.S. 9:2442, and is therefore a "statutory testament".

I DO HEREBY ORDER that the testament of , in statutory form, dated be filed and recorded in the Office of the Clerk of Court for Parish, Louisiana, and executed according to law. I hereby dispense with the necessity of a proces verbal and the production of any other proof of the testament's validity, finding it to be self-authenticated all pursuant to the provisions of Articles 2890 and 2891 of the Louisiana Code of Civil Procedure.

SIGNED in , Louisiana, this day of 20.